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Discussion in 'Law and Justice System' started by Annie, Nov 6, 2005.

  1. Annie
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    Annie Diamond Member

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    http://www.discourse.net/archives/2005/11/circuit_justice_robertss_elevenandahalfdaygap.html

    Links at site:
     
  2. Mr. P
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    Mr. P Senior Member

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    I may be wrong but I'm gonna guess a Supreame Court Judge can sit on any bench they want to. But aside from that, seeing that he was sworn in DC and most likely was still sworn, I don't see how it would be a problem.

    Just my off the top of my head thought.
     
  3. Annie
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    Annie Diamond Member

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    So he could hold two positions at once? Ruling on one now, that he could have to rule on later?
     
  4. Mr. P
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    Mr. P Senior Member

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    Well, I would think that if there was a chance this case, and I have no idea what it is, would arrive at the Supreme he would or even have to, recuse himself.
     
  5. Annie
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    Annie Diamond Member

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    I think that was the concern. Seems it happened to be a problem before. Did ya check the links?
     
  6. Mr. P
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    Mr. P Senior Member

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    I just looked a bit. Found as I suspected DC is a strange animal too when it comes to these sort of things..Way beyond me.
     
  7. William Joyce
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    William Joyce Chemotherapy for PC

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    Going by the comments on the other blog, it looks like the "Nguyen" problem stemmed from what they call an "Article III" problem (Article III of the Constitution says federal judges must be appointed for life, and if not, the decisions they render are open to challenge --- boring point, but if any must have it explained, I'll be happy to stab). Anyway, that's not an issue here. John Roberts was Article III on the circuit and as chief justice of the Supreme Court.

    Beyond that, I can't think of any Constitutional impediment to this happening, even the "decide it lower, and decide it higher" weirdness ("Clearly, Justice Roberts got this issue correct." Signed, Justice Roberts.) Usually in instances like this, the newly-appointed judge will recuse himself.
     
  8. Annie
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    Annie Diamond Member

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    I thought this was the 'heart of the matter' but I could be wrong:

     

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